Stewart v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 0.154 and 0.160 alcohol concentration results of breath tests taken eighty minutes after the defendant had been driving had considerable probative value
• holding that 0.154 and 0.160 alcohol concentration results of breath tests taken eighty minutes after defendant was operating vehicle had considerable probative value
• holding that intoxilyzer test results are probative evidence of intoxication under either theory
• explaining that “[e]vidence need not by itself prove or disprove a particular fact to be relevant; it is sufficient if the evidence provides a small nudge toward proving or disproving some fact of consequence”
• reversing the court of appeals holding that test result eighty minutes after driving was inadmissible without retrograde analysis
• reversing the lower court’s holding that breath tests are inadmissible without reliable retrograde extrapolation evidence

Source: CourtListener parenthetical corpus (CC0).

Cited by

153 cases in this archive cite this case; the 20 most cited are listed.

• State v. Mechler
  Court of Criminal Appeals of Texas· 2005-01-12· cited 667×
• Gonzalez v. State
  Court of Criminal Appeals of Texas· 2018-04-11· cited 361×
• Kirsch v. State
  Court of Criminal Appeals of Texas· 2010-02-10· cited 235×
• State of Texas v. Esparza, Carlos
  Court of Criminal Appeals of Texas· 2013-10-30· cited 110×
• State v. Robinson
  Court of Criminal Appeals of Texas· 2011-03-16· cited 108×
• State v. Jordan
  Court of Criminal Appeals of Texas· 2011-06-29· cited 103×
• Ramjattansingh v. State
  Court of Criminal Appeals of Texas· 2018-06-06· cited 89×
• Esaw Lampkin v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-08-11· cited 60×
• Edwards v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2005-06-30· cited 56×
• Ex Parte Smith
  Court of Criminal Appeals of Texas· 2010-04-28· cited 56×
• Blumenstetter v. State
  Tex. App. Ct., 6th Dist. (Texarkana)· 2004-04-06· cited 55×
• Kevin DWayne Kennemur v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2008-05-08· cited 53×
• Johnson v. State
  Tex. App. Ct., 10th Dist. (Waco)· 2008-05-28· cited 48×
• Bjorgaard v. State
  Tex. App. Ct., 7th Dist. (Amarillo)· 2007-05-02· cited 33×
• State v. Cowsert
  Court of Criminal Appeals of Texas· 2006-11-15· cited 31×
• Martinez v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2004-11-24· cited 28×
• Adams v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2005-01-26· cited 25×
• Kirsch v. State
  Tex. App. Ct., 1st Dist. (Houston)· 2008-12-04· cited 24×
• Dunn v. State
  Court of Appeals of Texas· 2005-10-06· cited 24×
• Gonzales v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2010-10-27· cited 23×

Cites

8 cases in this archive are cited by this case.

• Johnson v. State
  Court of Criminal Appeals of Texas· 1998-04-15· cited 1,896×
• Bagheri v. State
  Court of Criminal Appeals of Texas· 2003-11-05· cited 324×
• Manning v. State
  Court of Criminal Appeals of Texas· 2003-09-10· cited 315×
• Commonwealth v. Jarman
  Supreme Court of Pennsylvania· 1992-01-22· cited 93×
• Commonwealth v. Modaffare
  Supreme Court of Pennsylvania· 1992-01-22· cited 72×
• Commonwealth v. Loeper
  Supreme Court of Pennsylvania· 1995-06-23· cited 46×
• Bagheri v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2002-06-28· cited 41×
• Stewart v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2003-07-02· cited 33×